ICCPR Case Digest

CCPR/C/119/D/2125/2011

Communication

2125/2011

Submission: 2011.04.01

View Adopted: 2017.03.16

Dmitry Tyan v. Kazakhstan

Substantive Issues
  • Arbitrary arrest
  • Arbitrary detention
  • Conditions of detention
  • Fair trial
  • Torture / ill-treatment
Relevant Articles
  • Article 10
  • Article 14
  • Article 2.3
  • Article 7
  • Article 9
Violations

Admissibility

 The Committee considers that the author has sufficiently substantiated his remaining claims, raising issues under article 7, read alone and in conjunction with article 2 (3), of the Covenant and the remainder of claims under article 14 (1), (3) (d) and (g) and (5) of the Covenant, the Committee proceeds to their examination on the merits. 

Recommendations

In accordance with article 2 (3) (a) of the Covenant, the State party is under an obligation to provide the author with an effective remedy. This requires it to make full reparation to individuals whose Covenant rights have been violated. Accordingly, the State party is obligated, inter alia, to: (a) conduct a thorough and effective investigation into the author’s allegations of torture and, if confirmed, prosecute, try and punish those responsible for the torture of the author; (b) review the court’s verdict in the author’s case with the exclusion of the confessions the nature of which was not duly verified by the court; and (c) provide compensation to the author for the violations suffered. The State party is also under an obligation to take all necessary steps to prevent the occurrence of similar violations in the future.

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